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How Can You Make Sure you Get Paid When your Buyer Buys a Builder's Home ?

By
Real Estate Agent with New Home Hunters of Fort Worth and Tarrant County

Every once in a while someone writes a rant on Active Rain... complaining about new home builder commission policies... and the danger of not getting paid if one of "your buyers" purchases a new home from a builder. 

Since I have spent many years working as a Realtor, and also many years working for several national New Home Builders... I thought I would share my thoughts.

The only set rule... is that there are no "set rules."  Builder policy usually depends on the area, and also on what is customary in that market. 

Builders in some areas will pay an agent even if they only show up at the writing of the contract... and some will NOT pay them if they do not physically bring (accompany) the buyer through the sales office door on the buyer's first visit.  Besides depending on the area and the custom, it can also vary... according to the individual builder.

In the Fort Worth/Dallas area... once in a great while... I have actually heard cases where an on-site builder rep, after sitting with the buyer and writing up the sales contract (before he or she presented it to management for signing) they then called the agent and surprised them by telling them they had just sold a house.

In this particular case... this was done simply because the buyer told the rep that they had an agent, and would not buy without them... regardless of the work the on-site builder rep had gone through. 

Again, this has worked in the Fort Worth/Dallas area, but I have heard that in many other areas... there is no way in the world this would be allowed to happen.  And, of course, there have even been cases where builder representatives have been FIRED for doing something like this.  But... let me repeat... it all depends.

Obviously, once I learned that this particular builder really valued the relationship they had with area Realtors... I visited them often, whenever I had a buyer in their price range.

On the other hand... also here in DFW... there is one builder, and probably more... who has a professionally-made sign... nailed right there on the outside wall of the sales office as you go in the door... WARNING buyers that if they are working with an agent, but that agent is not WITH them... that they better not set foot IN to the sales office, or the builder will not honor that agent.

Don't let anyone tell you anything different.  Builder policy depends on the state you are in, the area, on the builder customs, and also on the individual builder, who may or may not be "in tune" with what all the rest of the builders in the area are doing. 

The only thing you can assume about dealing with a builder and getting paid for it... unless you know from previous experience working with them and developing a relationship with them... and in particular, with that individual on-site builder representative... one thing you can assume... is that you really cannot assume anything.

Again, it's the same old way of doing things.  It's real simple.  You find out what the rules are... and then you play by them.

 

Thanks for reading my post.  If you liked what you read... I invite you to Subscribe to my Blog.

Posted by

Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Christine:  Of course they want you there from the very first visit.  If you don't already have a give-and-take, and trusting relationship with that on-site sales person... why wouldn't they want you there from the very first visit ?

If I were an on-site builder representative... and had never met the "after-the-fact" Realtor... I wouldn't pay them, either.  Even if the poor buyers had a buyer's agency agreement with that agent.  Once the buyers come out, and finish their first visit with the on-site rep... and don't even mention that they HAVE an agent... why isn't it the same as a buyer who appears unrepresented when they go through an open house?

And... remember... there are some builders... albeit a very few... who... if their on-site rep tried to squeeze that agent onto the sale after the first visit... they would be fired... immediately.

One of the things an on-site rep does after every buyer's first visit... is enter that buyer's information... including the fact that they were NOT represented by a Realtor... into the company's computer tracking software.

Jul 17, 2011 12:36 PM
Christine Hooks
Pino Agency - Pennsville, NJ
Celebrating 25 Years in Real Estate!

It appears that things in NJ are pretty much the same as in Dallas Fort Worth, Karen Anne.  I've seen it many ways, too, but most of the time an agent must accompany the buyers on the first visit.

It only seems fair to me.

Jul 17, 2011 04:05 PM
Adam Mallory
eBroker Real Estate 619-566-ADAM - San Diego, CA
Broker, ABR, e-Pro

Very nice post Karen! I've sold a few Builder homes and haven't had a problem getting paid in escrow.  Let's hope it stays that way...

Jul 17, 2011 04:36 PM
Mike Yeo
3:16 team REALTY - Frisco, TX
Karen Ann - all the builders we have dealt with are pretty good with us. I wonder who were the ones that have the sign that you mentioned.
Jul 18, 2011 03:24 AM
Sussie Sutton
David Tracy Real Estate - Houston, TX
David Tracy Real Estate for Buyers & Sellers

I have heard some bad stories about some builders reps....

Luckily I have always escorted my client there each and every time for any type of visit.

 

Jul 18, 2011 04:30 AM
Jennifer Manchester
Suburban Properties of Charlotte, LLC - Mint Hill, NC
GRI, ePRO, ASP - Broker/Home Stager

Wow!  I have never had a builder rep pull anything funny with me but I always warn my buyer clients not to set foot on their property without me.  Even if the builder is willing to write an offer without me (and pay me for it)  you know it is going to be in their best interest.  Great Post

Jul 18, 2011 06:47 AM
John Fauth
Coldwell Banker King Thompson - Grove City, OH
Turning your dreams into an address!

Great information. Definitely something to watch out for.

Jul 18, 2011 12:11 PM
Trang Beuschlein
Homes for Sale in Campbell CA- Broker-BKR Realty - Campbell, CA
Campbell CA Real Estate - Campbell CA Homes for Sa

Karen, a lot of builders in my area require that I be present the first time my buyers step inside their office.  However, one of my buyers did visit a new development one weekend without my knowledge but they told the developer that they will only buy if I can represent them and the developer allowed it.  They ended up not buying in that development, though.

Jul 18, 2011 05:19 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Karen Anne speaks the truth - I learned that the hard way. In the beginning of my career here in the Dallas-Fort Worth Area, I was given the impression that all builders give great bonuses to the Realtors. Well... that can be true and that can be false. As Karen says, it all depends on the builder. I have gotten paid by builders and I have not gotten paid by the builders - I wish I had known Karen a long time ago.

If there's one thing I've learned, is that Realtors, such as Karen who have been in the business a long time know what they are talking about. Karen gives great advice and I respect her and appreciate her pearls of wisdom.

Patricia

Jul 19, 2011 04:19 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Patricia:  Thank you so much for your kind words.  You have started my day off with a smile on my face so large that my cheeks hurt... <crinkly grin>  And... after the night I had last night... I really needed to day to start well.  So, thank you again.

Yes... I have quite a bit of experience with Dallas-Fort Worth builders... having worked both FOR them and WITH them.  As I said... you can only benefit from the rules, or at least not get HURT by the rules... only if you KNOW the rules.  So, with that in mind, I have never, ever been burned by any new home builder... and I would guess that it covers perhaps 300 sales of new homes... over the half of my real estate career. 

I have even had builders seek me out and put me ON as sale... long time ago... when they knew they were dealing with buyers whom they felt would be difficult... and even THAT worked out well.  A major rarity, but it has happened.

Take care, Patricia... and again... thanks for your kind words.

By the way... after a comment like this, and with you only being up in Denton... we really need to get together for lunch.  :)

Jul 19, 2011 04:59 AM
Martha Brown
Long & Foster Real Estate, Inc., Annapolis MD 21403 - Annapolis, MD
Your Homes Around Annapolis Agent

Karen Anne- Funny to hear you say Crofton Commons and speaking of Manassas. We have a Crofton Commons here in Crofton. :0)

 I always discuss new homes and builders with my buyers when we meet and go over the process of buying a home. Our builders here are pretty agent friendly except fro one or two but my thought is 'why take a chance'. Buyer education is so important and save s alot of heartache down the road.

Jul 19, 2011 03:24 PM
Gail Robinson
William Raveis Real Estate - Southport, CT
CRS, GRI, e-PRO Fairfield County, CT

Karen - Congratulations on a well-deserved Feature.  I haven't dealt with new construction as there isn't much in my area especially in these economic times.  I will now know not to make any assumptions about other new construction based upon my experiences wiith one.  That's one thing I love about AR, you learn about topics before you need the info.  Thank you.

Jul 19, 2011 05:07 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Martha... I would guess that having a Crofton Commons in the city of Crofton, Maryland makes quite a bit of sense... LOL.

I have found that the only way to sell new homes... is to dedicate perhaps one day every two weeks when the only thing I do is go out and visit the on-site builder reps in their models.  It has worked very well for me.  And... I have never, ever been burned.

Jul 19, 2011 06:18 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Gail... you are very welcome.  It is pretty typical that there isn't much new home construction in the more "compact" markets... as far as open land is concerned.  There is one builder... DR Horton... who, believe it or not... across the DFW Metroplex (as they call it)... from east to west and north to south... has 67 different neighborhoods that they are building in... with a full-time seven days a week staffed office.

But... especially in Fort Worth, and to the west and north of Fort Worth... there still is tens and tens of years of unimproved land that will eventually turn into neighborhoods.  It is a major part of the economy.

Jul 19, 2011 06:21 PM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

Karen, In my opinion and experience, some will pay their onsite agents a fixed rate while paying a buyer agent a typical amount, usually 3% here. And most builders love agents in a down market but when the market is thriving, feel thay can do without them. Most will not pay a commission to an agent if their clients walk through the door without them. Congrats on the feature!

Jul 20, 2011 02:24 PM
Michael Dagner
Brokers Guild Classic - Denver, CO
Your Denver Homes Realty Expert

Hi Karen,

No assumptions for sure, but I've usually had good fortune in working with the vast majority of builders in this area.  On occasion, have had to suck it up when the builder wouldn't cooperate.  Fortunately, that's been infrequent.  Sure is a constant battle to remind buyers to plan ahead before they run out and visit model homes, even when its not in their better interest to do so.

Jul 21, 2011 03:24 PM
Daniel H. Fisher
www.FisherHermanRealty.com (704) 617-3544 - Charlotte, NC
MCRP - Charlotte Real Estate, NC or SC

Just "know the rules" and then "follow those rules" is good advice.  In our current building environment, few new home builders are willing to lose a sale to another builder. In Real Estate, there are ways to negotiate just about everything.

Aug 08, 2011 08:01 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Daniel... I have to disagree with you.  In "Real Estate" perhaps there are ways to negotiate just about everything... but in new home sales... I know some builders who will FIRE their on-site rep "on the spot" if they try and circumvent the buyer registration rules.

Aug 08, 2011 08:20 AM
Mike Henderson
Your complete source for buying HUD homes - Littleton, CO
HUD Home Hub - 303-949-5848

Real good stuff.  I'm looking at potentially appoaching this as a marketing standpoint.  I would do it as a major niche of the business plan.  Like you I'm not sure it would really work unless you made some real inroads into the business.

First step that I am doing is finding out what the builders policies are on paying their real estate agents.

Aug 14, 2011 04:49 AM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Mike, I think the first thing you need to find out is whether or not the on-site builder reps are actual employees of the builder, or if they builder's homes are listed by a real estate broker, and if that is the case... whether the "salespeople" in the builder's models are actual Realtor/agents with that Broker who has the homes listed.

In the two major new home builder markets I have worked... FortWorth/Dallas... and all of Texas as far as I know... the builders independently hire their on-site sales persons... who then work for the builder.  They are an extension of the builder.

I do know several builders... although they are in the minority... who will fire... on the spot... any of their salespeople who would pay a Realtor a commission if that agent did NOT accompany the buyer in the door... on their first visit.  In general... the situation is NOT the same as a Realtor agent sitting on one of their own Listings on a Sunday afternoon.

Also... one thing that continues to be batted around... is the buyer agency agreement.  There are many agents who mistakenly feel that if they... the buyer's agent... have a buyer's agency, or buyer-rep agreement signed between themselves and the buyer... that this somehow obligates the builder to pay them.  What nonsense.  Unless, that is, the rules of that state require that.

In Texas... a buyer agency or buyer rep agreement is between the buyer's agent, and the buyer.  It says that if that buyer buys ANY home... they, the buyer, own their agent a commission.  Then... what typically happens is that when their agent finds them a home... they write an offer, and part of that offer requires that the SELLER take on the responsibility of paying their buyer's agent the previously referred to commission.

Again ... it cannot be much more simple.  Know the rules.  Then, follow the rules.

Aug 14, 2011 05:10 AM